This was a day that had been hyped by the media sincethe staggered verdicts in the 1993 Bombay blasts case commenced. Finally, aftermuch media speculation, when Judge P D Kode of the TADA court announced, "During my reasoning I have not found him(Sanjay Dutt) to be a terrorist," there was a collective sense of justice havingbeen finally delivered.
The judge went on to say, "Considering matters in his confession and also taking into account certain admissions from other evidence, I accept the stand of Sanjay of acquiring and possessing weapons for self-defence."
Sanjay Dutt, who spent about 16 months in prison after his arrest in April 1993, was found guilty under Sections 3 and 7 read with Section 25 of the Indian Arms Act. Under Section 3, he was found guilty of possessing a 9mm pistol and under Section 7 for possessing an AK-56 rifle, a prohibited weapon.
Under these charges, he faces a maximum of three years in prison. The court, on Sanjay's plea,has extended his bail and asked him to surrender on December 19.
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There had been some speculation about whether Sanjaywho was already on bail would be jailed immediately following his convictionunder the Arms Act today. 'When will you give me time to talk?' Sanjay askedjudge Kode, who replied 'I will give you your time. You just wait.' But Sanjaycontinued: 'I am the only earning member of my family, I have to support myfamily. I have to make a lot of arrangements regarding my daughter...Kindlyextend it (bail) on humanitarian grounds. My father also died last year and Ihave to look after the entire family, including my sister.' He added that he had to probate his father'swill as well.
Sanjay's lawyer Satish Maneshinde said the actor had to make a "lot of arrangements", failing which his daughter Trishala, who studies law in New York, would have to discontinue her education."The future of many technicians and financers are also at stake as Dutt is yet to finish some film assignments he had undertaken and I hence ask for an extension of four weeks," Maneshindeargued.
Special Public Prosecutor Ujjwal Nikam objected to this, saying such "flimsy" grounds must not be considered and special treatment must not be given to an accused just because he is a "matinee idol".This prompted Sanjay, standing in the witness box, to tell Nikam, "Put yourself in my shoes." The judge intervened at thispoint and extended Sanjay's bail by three weeks till December 19 though he had earlier asked for a "sound ground" to grant the relief.
The court also let off Sanjay's friends Yusuf Nallawalla and Kersi Adajeniafrom charges of terrorism but found them guilty under the Arms Act and for destroying evidence.The CBI had argued that both had helped Sanjay in destroying an AK-56 rifle by melting it in a foundry and disposing of the remains in the sea.
The court held Zebunisa Qazi guilty of abetting terrorist acts by keeping in her possession weapons delivered to her by gangster Abu Salem and his men. The CBI said Salem and his associate Manzoor Ahmed Syed had carried weapons from Sanjay's residence to Zebunisa's house.
The court let off Nallwalla and Adajenia for TADA charges under Section 3(3) (aiding and abetting terrorist acts), Section 5 (possession of arms) and Section 6 (contravening other laws).Zebunisa was acquitted of charges under Section 5 of TADA for possessing arms. She was given two weeks to surrender and asked to furnish a personal bond of Rs threelakh.
Sanjay, who was "accused number 117" in the serial blasts case, had earlier confessed to police about possessing an AK-56 rifle and a pistol that were delivered to him by associates of Anees Ibrahim, the brother of underworld don DawoodIbrahim. In the confession -- recorded on April 28, 1993, nine days after his arrest -- Sanjay said his concern for his family in the face of threats during the communal riots of 1992-93 had prompted him to acquire the weapons.Though Sanjay retracted the confession in November 1994, Judge Kode today said it had been considered in pronouncing the verdict.
Besides giving a description of his passion for hunting in the confession, Sanjay had detailed the circumstances in which he acquired AK-56 rifles. Sanjay spoke of his concerns about the safety of his family during the 1992-93 communal riots to Hanif Kadawala and Samir Hingora, the proprietors of Magnum Video."At that time we received several anonymous calls saying that male members of our family would be killed and women members would be raped. All of us were frightened and were under great mental tension. My father was also attacked during his visit to Behrampada and Jogeshwari areas by furious mobs, who branded him as pro-Muslim," Sanjay said.Kadawala and Hingora had offered that they could give him an automatic rifle to combat the threat. Initially, Sanjaysaid, he did not show interest but relented when they repeatedly offered to gethim the weapons.
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with agency inputs
